Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 2)1
Select Legislative Instrument 2006 No. 267
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.
Dated 19 October 2006
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
IAN CAMPBELL
Minister for the Environment and Heritage
1              Name of Regulations
                These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 2).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Great Barrier Reef Marine Park Regulations 1983
                Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.
Schedule 1        Amendments
(regulation 3)
  
[1]           Regulation 15
substitute
15            Fishing or collecting
         (1)   In this regulation:
possess something means:
                (a)    to have custody or control of it; or
               (b)    to have an ability or right to obtain custody or control of it.
         (2)   For the definition of fishing or collecting in the Zoning Plan, the following limitations are prescribed:
                (a)    an animal or plant of a protected species is not to be taken or possessed otherwise than in accordance with subparagraph 5.3 (b) (ii) or paragraph 5.3 (c) of the Zoning Plan;
               (b)    a specimen of an animal of a species referred to in Part 1 of Table 15 is not to be taken or possessed;
                (c)    not more than 5 specimens of an animal of a species referred to in Part 2 of that table are to be taken or possessed;
               (d)    if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:
                          (i)    no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and
                         (ii)    the taking or possession is to be in accordance with that legislation.
Note for paragraph 2 (a)   For the kinds of species that are protected species, see regulation 29.
[2]           After regulation 73
insert
Division 2.2A        Fishing and related offences
73A         Definitions for Division
                In this Division:
Buffer Zone means the zone described in the Zoning Plan as the Buffer Zone.
Conservation Park Zone means the zone described in the Zoning Plan as the Conservation Park Zone.
73B         Conservation Park Zone — fishing offence
         (1)   A person must not fish in the Conservation Park Zone, without the written permission of the Authority, using more than:
                (a)    1 hand‑held rod or handline; and
               (b)    1 hook attached to that line.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
Note 1   For strict liability, see section 6.1 of the Criminal Code.
Note 2   Section 2.4.3 of the Zoning Plan allows the Conservation Park Zone to be used, without the written permission of the Authority, for particular kinds of fishing, including limited line fishing.
         (3)   In this regulation:
fish has the same meaning as fishing or collecting has in the Zoning Plan.
hook has the same meaning as it has in the Zoning Plan.
Note   For the definition of hook for the Zoning Plan, see regulation 17.
73C         Dories in non‑fishing areas
         (1)   The master of a primary commercial fishing vessel in association with which a dory is licensed or used commits an offence if the master does not have the dory under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park.
Penalty:   50 penalty units.
         (2)   A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if a dory that is licensed or used in association with the primary vessel is not under tow by, or otherwise attached to, the primary vessel when the dory is in a non‑fishing area of the Marine Park.
Penalty:   50 penalty units.
         (3)   A person commits an offence if:
                (a)    the person is in, or on, a dory that is in a non‑fishing area of the Marine Park; and
               (b)    the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel in association with which the dory is licensed or used.
Penalty:   50 penalty units.
         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.
Note 1   For strict liability, see section 6.1 of the Criminal Code.
Note 2   For defences to a prosecution under subregulation (1), (2) or (3), see regulation 73C.
         (5)   In this regulation:
non‑fishing area of the Marine Park means:
                (a)    a zone described in the Zoning Plan as:
                          (i)    the Marine National Park Zone; or
                         (ii)    the Scientific Research Zone; or
                         (iii)    the Preservation Zone; or
               (b)    any other area of the Marine Park where the taking of fish is not permitted.
take, in relation to fish, includes:
                (a)    catch, capture, gather or obtain fish by any means; or
               (b)    engage in conduct, or an operation, that results in the death of fish.
73D         Defences to prosecutions under regulation 73C
         (1)   It is a defence to a prosecution under subregulation 73C (1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park, the dory:
                (a)    was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island); and
               (b)    stayed within 500 metres of a fishing industry service vessel for which a relevant permission is in force.
         (2)   Also, it is a defence to a prosecution under subregulation 73C (1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:
                (a)    the dory was engaged in:
                          (i)    the rescue, or attempted rescue, of an endangered person; or
                         (ii)    the provision of assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure; and
               (b)    any equipment on the dory normally used for fishing or collecting was stowed or secured.
         (3)   In addition, it is a defence to a prosecution under subregulation 73C (1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park:
                (a)    the dory was engaged in the conveyance of a person on a direct journey from land to the primary vessel, or from the primary vessel to land; and
               (b)    at all times during the period of the conveyance, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs); and
                (c)    any equipment on the dory normally used for fishing or collecting was stowed or secured.
Note   A defendant bears an evidential burden in relation to a matter mentioned in subregulation (1), (2) or (3) (see subsection 13.3 (3) of the Criminal Code).
         (4)   In this regulation:
non‑fishing area of the Marine Park has the same meaning as in regulation 73C.
73E         Dories in Buffer Zone — offence by master of vessel
         (1)   The master of a primary commercial fishing vessel commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with the primary vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Buffer Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
Note   For strict liability, see section 6.1 of the Criminal Code.
73F         Dories in Buffer Zone — offence by licence holder of vessel
         (1)   A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with the primary vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Buffer Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
Note   For strict liability, see section 6.1 of the Criminal Code.
73G         Dories in Buffer Zone — offence by person on a dory
                A person commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with a primary commercial fishing vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Buffer Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel; and
                         (iii)    the person is in, or on, 1 of the dories that is detached from the primary vessel; and
                        (iv)    the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this regulation.
Penalty:   50 penalty units.
73H         Dories in Conservation Park Zone — offence by master of vessel
         (1)   The master of a primary commercial fishing vessel commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with the primary vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Conservation Park Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
Note   For strict liability, see section 6.1 of the Criminal Code.
73I           Dories in Conservation Park Zone — offence by licence holder of vessel
         (1)   A person who holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with the primary vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Conservation Park Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
Note   For strict liability, see section 6.1 of the Criminal Code.
73J         Dories in Conservation Park Zone — offence by person on a dory
                A person commits an offence if:
                (a)    2 or more dories are licensed, or used, in association with a primary commercial fishing vessel; and
               (b)    at a particular time:
                          (i)    2 or more of those dories are in the Conservation Park Zone; and
                         (ii)    more than 1 of those dories is detached from the primary vessel; and
                         (iii)    the person is in, or on, 1 of the dories that is detached from the primary vessel; and
                        (iv)    the person is reckless as to the fact that the person is in, or on, a dory in the circumstances mentioned in this regulation.
Penalty:   50 penalty units.
[3]           Part 14, Table 189, before item 1
insert
 
1A
regulation 73B (Conservation Park Zone — fishing offence)
4
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.